Case number and/or case name
Dirección General de Cooperación (2). Roj: AAP O 71/2010 - ECLI:ES:APO:2010:71A Id Cendoj: 33044370012010200015
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
28 January 2010
CJEU's case law cited by the court
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is the enforcement of a foreign judgement in Spain. A first instance court decided that the foreign court decision could not be enforced because the applicant did not give an address for service of process within the area of jurisdiction of the court applied to (art. 40.2 of Brussels I Regulation).
Court decision: the foreign court decision must be enforced in Spain according to art. 41 and Recital n. 17 of Brussels I Regulation.
The fact that the applicant did not give an address for service of process within the area of jurisdiction of the court applied to cannot be considered as a cause to deny the enforcement.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 1 Langreo (Spain) (First instance)
Date: 09-10-2009